Handbook revised

7.1 Purpose The purpose of these policies is to establish compliance with the Federal Highway Administration regulations requiring drug and alcohol testing for commercial driver's license (CDL) holders. Regulations issued by the United States Department of Transportation mandate urine drug and evidential breath alcohol testing for employees, other than law enforcement personnel, in safety-sensitive positions, including those who are required to hold a commercial driver's license. This policy sets forth the District's alcohol and drug testing program and the testing and reporting requirements as required by those regulations. 7.2 Application These policies apply to all employees of the District, other than law enforcement personnel, who are required to have and maintain a commercial driver's license in order to perform the duties of the job. Contractors performing functions for the District involving the use of a vehicle requiring a commercial driver's license are subject to specific alcohol and drug testing as required by federal regulations. 7.3 Definitions 7.3.1 Accident - Accident means an occurrence involving a commercial vehicle on a public road which results in (1) a fatality; (2) bodily injury to a person who, as a result of the injury, immediately receives medical treatment away from the scene of the accident; or (3) one or more motor vehicles incurring disabling damage requiring the vehicle to be transported away from the scene by a tow truck or other vehicle. 7.3.2 Commercial Vehicle - A commercial vehicle is one that either: 1) has a gross vehicle weight of over 26,000 pounds (including combined weight if towed unit weighs over 10,000 pounds); 2) is designed to transport 16 or more persons, including the driver; or 3) is used to transport hazardous materials. 7.3.3 Illegal Drugs - Any drugs or substances defined as illegal by the U.S. Drug Enforcement Agency, the Washington State Board of Pharmacy, as defined in RCW 69.50, as presently enacted or hereafter amended, as well as so called "designer drugs" not approved for medical use by the U.S. Drug Enforcement Agency, the U.S. Food and Drug Administration or state law. The drugs that are included in these categories include, but are not limited to the following: as follows:
• alcohol; • cannaboids/marijuana; • cocaine; • heroin; • opium or opiates; • phencyclidine (PCP); • lysergic acid diethylamide (LSD);
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• barbiturates; • amphetamines or methamphetamines • methaqualone; • mescaline; • glutethimide; • phenocycladine; • procyclidine; • other controlled substances as defined in RCW 69.50.101; • a prescription drug for which the employee does have or does not have a current, valid,
7.3.4 Medical Review Officer (MRO) - The Medical Review Officer is the licensed physician responsible for receiving and interpreting laboratory results from the urine drug tests. 7.3.5 Safety Sensitive Position - Safety sensitive positions are positions associated being responsible for the safety of the public 7.3.6 Substance Abuse Professional (SAP) - A Substance Abuse Professional is a licensed physician, or a licensed or certified psychologist, social worker, employee assistance professional, or addiction counselor (certified by the National Association of Alcoholism and Drug Abuse Counselors Certification Commission) with knowledge of and clinical experience in the diagnosis and treatment of alcohol and drug-related disorders. The SAP is responsible for evaluating employees with positive test results. 7.4 Policy The District has a significant interest in the health and safety of its employees and the citizens of the District. In furtherance of that interest, the District will take those steps necessary to ensure that its employees perform their duties and responsibilities free of the influence of drugs and alcohol. 7.5 Information, Orientation and Training 7.5.1 Current Employees. All employees will receive information on:
7.5.1.1 Effects and consequences of drug and alcohol use on personal health, safety, and the work environment. 7.5.1.2 Manifestations and behavioral clues indicative of drug and alcohol use and abuse. 7.5.1.3 Resources available to the employee in evaluating and resolving problems associated with the misuse of alcohol and use of controlled substances.
7.5.2 Supervisor/Managers All supervisor/managers who may make reasonable suspicion de-terminations will receive training that meets or exceeds DOT standards for training on the physical, behavioral and performance indicators of probable drug abuse and alcohol misuse. 7.5.3 New Hires and New Supervisors
7.5.3.1 All newly hired employees will be advised of this policy and provided with the information described in section 7.5.1. New supervisors will receive the training specified in
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Section 7.5.2. New supervisors will not make reasonable suspicion determinations until they receive such training. 7.5.3.2 Newly-promoted supervisors will not make reasonable suspicion determinations until they participate in a supervisory training process to acquaint them with the physical, behavioral and performance indicators of probable drug use. Training in this area will meet or exceed DOT standards.
7.5.4 Designated Responsible Person The person designated to answer questions for covered employees about the DOT drug and alcohol regulations is the Executive Director or designee. 7.6 Prohibited Conduct The following conduct regarding alcohol and drug use or abuse is prohibited: 7.6.1 Alcohol Concentration: An employee may not report for or remain on duty requiring the performance of his/her duties while having an alcohol concentration of 0.04 or greater. 7.6.2 Alcohol Possession and On-Duty Use of Alcohol: An employee may not possess, consume or use alcohol while on duty (including consuming or using alcohol prior to reporting to work or during breaks or meal periods) or while operating a commercial vehicle. 7.6.3 Pre-Duty Use of Alcohol: An employee may not operate a commercial vehicle within four hours after using alcohol. An on-call employee who consumes alcohol within four hours of being called in must acknowledge the use of alcohol and may not report for duty. 7.6.4 Alcohol Use Following an Accident: An employee required to take a post-accident alcohol test may not use alcohol for eight hours following the accident, or until a post-accident alcohol test is given, whichever comes first. 7.6.5 Use of Drugs: An employee may not report for duty or remain on duty, which requires driving a commercial vehicle, when the employee has used an illegal or legal drug or drugs, except when the use is pursuant to instructions of a physician who has advised the employee that the substance does not adversely affect the employee's ability to safely operate a commercial vehicle. Employees who are taking a prescription or over-the-counter medication that may impair their ability to perform their duties safely should provide written notice from a physician or pharmacist with respect to the effects of such substances. 7.6.6 Refusal to Submit to a Required Test: An employee may not refuse to submit to a post-accident, random, reasonable suspicion, or follow-up alcohol or drug test as directed by this policy. 7.6.7 Positive Drug Test: An employee may not report for duty or remain on duty requiring the performance of duties covered under this policy if the employee tests positive for drugs or alcohol. 7.6.8 Tampering with a Required Test: An employee may not tamper with, adulterate, alter, substitute or otherwise obstruct any testing process required under this policy.
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7.6.9 Possession, Transfer or Sale: No employee may possess, transfer or sell drugs or alcohol while employed by and working for the District. 7.7 Testing 7.7.1 Pre-employment Drug Testing: All individuals who are covered by this policy must pass a drug test as a post-offer condition of employment. 7.7.2 Reasonable Suspicion Testing: Employees are required to submit to a drug and/or alcohol test whenever District personnel reasonably suspect that the requirements of this policy (except the prohibitions against possession, transfer or sale of alcohol) may have been or are presently being violated. In most circumstances, referrals for testing are based on contemporaneous, specific observations. Such referrals are made by the employee's Supervisor. Alcohol testing for reasonable suspicion is only conducted just before, during or after an employee operates a commercial vehicle. If removed from duty based on reasonable suspicion of alcohol use and an alcohol test is not administered within eight hours, the employee will not be allowed to perform or continue to perform covered functions until:
7.7.2.1 An alcohol test is administered and the driver's breath alcohol concentration measures less than 0.02; or 7.7.2.2 24 hours have elapsed following the determination that there is reasonable suspicion to believe that the employee has violated the requirements of this policy concerning the use of alcohol.
7.7.3 Post-Accident Testing: Following an accident involving a commercial vehicle, the driver is required to submit to alcohol and drug tests when the driver receives a citation under state or local law for a moving traffic violation, or where a fatality occurs as a result of the accident. Testing should occur as soon as possible, but may not exceed eight hours after the accident for alcohol testing and 32 hours after the accident for drug testing. A driver who is subject to post-accident testing must remain readily available for such testing and may not take any action to interfere with testing or the results of testing. Drivers who do not comply with post-accident testing requirements will be considered to have refused to submit to testing and will be subject to disciplinary action for refusing to submit to testing. 7.7.4 Random Testing: Employees covered by this policy are subject to random, unannounced alcohol and drug testing. 7.7.5 Return to Duty Testing: Employees who have violated the provisions of this policy, including those who have tested positive on a drug or alcohol test, and who are allowed to return to work, must test negative prior to being released for duty. A return to duty test following alcohol misuse may not exceed an alcohol concentration of 0.02. 7.7.6 Follow-up Testing: An employee who is referred for assistance related to alcohol misuse and/or use of drugs is subject to unannounced follow-up testing for a period not to exceed 60 months as directed by a Substance Abuse Professional and the District. The number and frequency of follow-
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up testing will be determined by the Substance Abuse Professional and the District, but will not be less than six tests in the first 12 months following the employee's return to duty. 7.7.7 Re-tests: Employees who test positive for drugs may request a second test of the remaining portion of the split sample within 72 hours of notification of a positive test result by the Medical Review Officer. If a re-test is requested by an employee, the employee is responsible for paying for the cost of the re-test. 7.7.8 Notification: Upon notification of selection for testing, the employee will be accompanied by his/her Supervisor or other designated supervisory personnel to the collection site. 7.8 Refusal to Take an Alcohol or Drug Test No employee may refuse to submit to an alcohol or drug test as directed under this chapter. Refusal to submit to a test is considered the same as a positive test result. A refusal to submit includes, but is not limited to: 7.8.1 A failure to provide adequate breath for testing without a valid medical explanation after the employee has received notice of the requirement for breath testing as required by the District; 7.8.2 Failure to provide adequate urine for drug testing without a valid medical explanation after the employee has received notice of the requirement for urine testing as required by the District; or 7.8.3 Failure to cooperate in any part of the testing process or engaging in conduct that obstructs the testing process. 7.9 Securing Information from Previous Employers 7.9.1 If a person is to be hired into a position subject to this policy and during the previous two years has worked as a driver of a commercial vehicle, that person must authorize a request of all employers of the driver within the past two years to release information on the following:
7.9.1.1 Positive alcohol or drug tests and/or 7.9.1.2 Refusal to be tested.
7.9.2 This information will be obtained before the person is employed by the District. However, if the information has not arrived by the applicant's anticipated start date, and if the person has passed the pre-employment drug test, the person may be hired and the requested information obtained from the previous employers within 30 calendar days of the date of hire. If the information has not been received within the 30 calendar days, the person may not drive commercial vehicles until the information has arrived. If the information obtained from a previous employer indicates either a positive test or that a refusal to be tested occurred within the past two years, that person will either:
7.9.2.1 Not be permitted to drive commercial vehicles unless subsequent information indicates that an evaluation by a Substance Abuse Professional was made and return to duty testing was administered; or 7.9.2.2 Be terminated.
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7.10 Confidentiality and Record Retention All records related to drug and alcohol testing are maintained by the Executive Director or his/her designee in a secure location with controlled access. These records are kept separate from records pertaining to all other employees. 7.11 Consequences of Engaging in Prohibited Conduct or Positive Drug or Alcohol Tests 7.11.1 Discipline: Employees are subject to appropriate disciplinary action up to and including termination of employment if:
7.11.1.1 The employee tests positive for a drug or drugs; 7.11.1.2 Results from an alcohol test indicate a blood alcohol level of 0.02 or greater; and/or, 7.11.1.3 The employee has engaged in prohibited conduct as outlined in Section 7.6.
The District will endeavor to advise an employee, regardless of any disciplinary action taken, of resources available to the employee in evaluating or resolving problems associated with drug use or alcohol misuse. 7.11.2 The following provisions apply to those employees who are not terminated for violating the provisions of this policy: 7.11.2.1 Positive Test Result and/or Engaging in Prohibited Conduct: If an employee tests positive for drugs or has an alcohol test that indicates a blood alcohol level of .04 or greater from a random, reasonable suspicion or post-accident test, or engages in prohibited conduct as outlined in Section 7.6, the employee will be immediately removed from duties requiring the driving of a commercial vehicle. The employee is not permitted to return to work unless he/she:
• Has been evaluated by a qualified Substance Abuse Professional; and, • If recommended by a Substance Abuse Professional, has properly followed any rehabilitation
• Has a verified negative result on a return-to-duty alcohol (<0.02) and/or drug test.
Upon completion of a recommended rehabilitation program and successful return to work, an employee is subject to follow-up random testing for up to 60 months as recommended by the Substance Abuse Professional and the District, with a minimum of six such unscheduled tests within the first 12 months of returning to duty. 7.11.2.2 Alcohol Concentration of 0.02 but less than 0.04: Employees having a breath alcohol concentration of at least 0.02 but less than 0.04, shall be removed from duty requiring the driving of a commercial vehicle for at least 24 hours. 7.12 Employee Assistance Program/Voluntary Referral The District supports employees who volunteer for treatment of alcohol or drug abuse. Employees are encouraged to seek treatment voluntarily. In most instances, any employee who comes forth and notifies the District of alcohol or drug abuse problems usually will be given the assistance extended to employees with any other illness. However, any such program may not interfere with the tests required by these rules. For example, a driver may not identify himself/herself as unfit to drive after having been notified of a random or reasonable suspicion test and expect to avoid the consequences Approved Date: 5-24-2011
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of a positive test or a refusal to test. In addition, voluntarily seeking assistance does not excuse any failure to comply with all of the provisions of this policy or other requirements of the District. Sick leave, vacation leave or leave of absence without pay may be granted for treatment and rehabilitation as with other illnesses. Confidentiality of information will be maintained as much as possible at all times.